"Victim's Religious Sentiments Were Hurt": Court While Denying Bail To Accused Danish Shaikh In TCS Nashik Case
A Court in Nashik refused to grant bail to accused Danish Ejaz Shaikh, one of the prime accused in the Tata Consultancy Services (TCS) Nashik BPO Case of alleged sexual harassment and forced religious conversion of a Hindu girl. Additional Sessions Judge Kedar Joshi in his order pronounced on July 6, said that there was prima facie material against Shaikh of sexually exploiting the victim on...
A Court in Nashik refused to grant bail to accused Danish Ejaz Shaikh, one of the prime accused in the Tata Consultancy Services (TCS) Nashik BPO Case of alleged sexual harassment and forced religious conversion of a Hindu girl.
Additional Sessions Judge Kedar Joshi in his order pronounced on July 6, said that there was prima facie material against Shaikh of sexually exploiting the victim on the promise to marry her and also to force her to accept Islam by conspiring with co-accused Nida Khan.
"Having regard to the seriousness of the allegations, the manner in which the offence is alleged to have been committed, emotional effect on victim and influence flashed by the accused and the prima-facie material available on record, this Court is of the opinion that no case is made out for exercising discretionary jurisdiction in favour of the applicant. There is also substance in the apprehension expressed by the prosecution regarding possible influence on material witnesses if the applicant is released on bail at this stage. Considering the nature of punishment, possibility of tampering evidence, fleeing away from justice, threatening the witnesses, emotionally black-mailing, can not be ruled out," Judge Joshi opined.
While Shaikh claimed to have been 'falsely' implicated in the case, the prosecution highlighted the 'seriousness' of the offence and also the impact of the same on the victim.
Judge Joshi, referred to the material placed on record by Special Public Prosecutor Ajay Misar and noted that Shaikh's role clearly indicated that he has hurt the religious sentiments of the victim by making offensive remarks about Hindu deities.
"Accused Danish (Shaikh) gained the victim's trust by lying to her and promising marriage, subsequently engaging in sexual relations with her, despite he is already married and thereby deceived her. The accused committed the crime despite being fully aware that the victim belonged to a Scheduled Caste. The accused Nida and the other co- accused had provided a Burqa to the victim to facilitate her religious conversion also book containing information regarding the Muslim faith, titled 'The Holy Life of Prophet Muhammad (PBUH),' which was handed over to the victim by Danish," the judge noted.
Upon consideration of the rival contentions and the material available on record, the judge opined that the accusations against Shaikh were grave in nature and that even the investigation papers disclosed his prima-facie involvement in the alleged offence.
"The Court is required to consider the nature and gravity of the accusation, severity of punishment in the event of conviction, possibility of tampering with evidence, and likelihood of the accused fleeing from justice. This Court does not find any justifiable ground to enlarge the applicant on regular bail. Considering the overall circumstances, and the trauma on the victim and the nature of the alleged crime, he does not deserve to be enlarged on bail until evidence of material witnesses, is recorded, in the trial," the judge held.
With these observations, the court rejected his bail plea.
Case Title: Danish Ejaz Shaikh vs State of Maharashtra